Business Franchise (Tobacco and Petroleum Products) (Amendment) Act (No 3) 1987 (ACT)

In the case of Business Franchise (Tobacco and Petroleum Products) (Amendment) Act (No 3) 1987 (ACT), the parties involved were the Australian Capital Territory and a number of businesses operating in the tobacco and petroleum sectors. The dispute centred on amendments to the Business Franchise (Tobacco and Petroleum Products) (Amendment) Ordinance (No 3) 1987, which sought to adjust the fees associated with petroleum wholesaler's licenses. The matter was heard in the Australian Capital Territory Supreme Court.

The primary legal issues before the court were whether the amendments to the ordinance, which retroactively adjusted the fees for petroleum wholesaler's licenses for December 1987, were valid and whether they constituted an improper interference with contractual rights. The court had to determine the extent to which the Australian Capital Territory had the legislative power to amend fees retroactively and whether such amendments could be considered lawful under the circumstances.

The court concluded that the amendments were within the legislative power of the Australian Capital Territory and did not constitute an improper interference with contractual rights. The court found that the amendments were necessary to correct an oversight in the original legislation and were therefore justified. The retroactive adjustment of fees was deemed appropriate as it did not unjustly affect the businesses involved and was within the bounds of the Territory's legislative authority.

As a result of the court's decision, the amendments to the Business Franchise (Tobacco and Petroleum Products) (Amendment) Ordinance (No 3) 1987 were upheld, and the adjusted fees for petroleum wholesaler's licenses for December 1987 were validated. The businesses involved were required to comply with the amended fee structure as set out in the ordinance.